Australian Writers' Guild Theatre Industry Agreement

Transcription

1 8/50 Reservoir Street Surry Hills NSW 2010 Telephone Fax ABN President Tim Pye Emeritus President David Williamson Australian Writers' Guild Theatre Industry Agreement IMPORTANT NOTE: This publication is provided by the AWG as a sample and for information purposes only. No person should rely on the contents of this publication without first obtaining advice from a qualified person as to their suitability to a specific project. The AWG, its employees and consultants, and any authors of this publication, expressly disclaim any liability to any person in relation to anything done, or not done, by any person in reliance on any part of this publication.

2 Page 2 of 26 AGREEMENT Made this... day of BETWEEN AUSTRALIAN WRITERS GUILD LIMITED of 8/50 Reservoir Street Surry Hills New South Wales ( the AWG ) and... THE THEATRE COMPANY of... ( the Producer ) WHEREAS A. It has been agreed that this Agreement and the individual Author s Standard Play Commissioning Agreement ( the Commissioning Agreement ) and Standard Licensing Agreement ( the Licensing Agreement ) annexed at Schedules A and B govern the minimum terms and conditions of the commissioning of playwrights by the Producer and the licensing of rights as specified in this Agreement by the Author to the Producer of any original Play written by the Author for use as a dramatic work for performance. B. The Producer recognises the AWG as the representative of writers of dramatic works ( Authors ) resident in Australia for the purposes of collective bargaining and the establishment of minimum terms and conditions. C. It has been agreed that the Producer shall pay to all other theatre companies within Australia who are also signatories to this Agreement all agreed amounts, as specified in Clause 5 below, for the further exploitation of a Play originally given its world premiere production by a theatre company within Australia. A list of Australian theatre companies signatory to and bound by this Agreement is annexed at Schedule C. D. It has been agreed that the fees and percentages payable to producers under this Agreement shall be regarded as maximum fees and percentages. E. It has been agreed that this Agreement shall be for a term of three (3) years commencing on... and continuing after that until terminated by either of the parties on three (3) months notice in writing. THE PARTIES AGREE: 1. INTERPRETATION AND DEFINITIONS 1.1 In the interpretation of this Agreement unless the context otherwise requires: a) Words importing the singular shall include the plural and vice versa; b) Words importing one gender shall include other genders; c) Expressions are used as in the Copyright Act 1968 (Commonwealth); d) All sums are expressed and payable in Australian dollars; e) The words all theatre companies shall denote Australian theatre companies which are signatory to this Agreement. 1.2 In this Agreement unless the context otherwise requires the following expressions shall have the following meanings:

3 Page 3 of 26 Amateur performances: all performances of a Play using only non-professional actors (ie an actor who is not a member of the appropriate performing arts union or guild) who receive no form of remuneration for their contribution. Author: the dramatist, collaborator, adaptor (except in the case of literal translation) or lyricist whose literary material is used in a Play. First class performances: professional live stage productions of a Play under the Producer s own management. Gross box office receipts: all sums received by the Producer from all ticket sales to a Play, less credit card charges and/or agency or other booking fees. Original Producer: the theatre company or individual representative of the theatre company responsible for the production of the world premiere of an original Play. Overseas and Overseas Territories: all territories of the world excluding the Commonwealth of Australia and its external territories. Professional Production/Performances: all performances of a Play using paid professional actors and for which performances a charge is made to members of the viewing audience. Recorded Media Versions: includes radio, film and television productions of the Play in the English language. The foregoing shall be considered Recorded Media Versions regardless of the method or mode of reproduction, projection, transmission, exhibition or delivery used. Text: the draft of a Play existing at the time that a licensing agreement is entered into by an Author and a Producer and which includes: (i) the wording of the Play whether this be dialogue, stage directions, explanations, introductory material, suggestions, concepts, ideas or any other matters contained within the wording; and (ii) where the text is accompanied by illustrations, designs, music or other material not the copyright of the Author but the use of which forms an integral part of the Play, the design of that usage. World Premiere: the first professional production of a Play anywhere in the world, consisting of not less than twenty-one (21) first class performances. World Premiere Season: consecutive weeks of performances of the World Premiere production, during which not less than twenty-one (21) first class performances of the Play are produced in any one theatre venue, and for which the dates and theatre venues of such Season are specified in the Licensing Agreement. 2. COMMISSIONING FEE 2.1 The commissioning fee payable by the Producer to an Author for the writing of an original Play shall be that fee negotiated between the Author and the Producer and shall be payable as follows: 50% on signing of the Commissioning Agreement; 50% on delivery of the Play The commissioning fee shall not be refundable and in no event shall be considered as an advance against royalties payable in respect of any production of the Play. 2.3 The Author s commission shall be confirmed in writing in the form of the Commissioning Agreement annexed at Schedule A. 2.4 In the event that the Producer decides, within the terms of the Commissioning Agreement, not to proceed with a production of the Play all rights in the Play shall remain vested in the Author free of any claims by the Producer.

4 Page 4 of LICENSING AGREEMENT 3.1 Where the Author agrees to grant to the Producer an exclusive licence to perform a Play, the terms of the licensing agreement shall be confirmed in writing in the form of the Licensing Agreement annexed at Schedule B. 3.2 In any event the exclusive licence period shall not extend beyond twelve months from the date of the first Professional Performance of the Play, except where a season of longer duration than twelve months has been agreed to by the Author and the dates and theatre venues of such season are specified in the Licensing Agreement. 3.3 The Producer shall not have the right to perform the Play outside Australia and its territories. 3.4 The Author shall retain print publication, radio, television, film and all other rights whatsoever in the Play. 4. AUTHOR S ROYALTY 4.1 The Producer shall pay to the Author not less than 10% of the gross box office receipts from all performances of the Play, except where the Author has written a literal translation of an existing literary work in which case the minimum royalty payable shall be 6.5%. 4.2 The Producer shall have no rights whatsoever in the royalties of the Author from the Play whether within the period of the licence or outside that period. 4.3 Within fourteen (14) days of the last performance of the Play, or within fourteen (14) days from the end of the licence period, whichever is the earlier, the Producer shall supply to the Author certified weekly returns of the receipts at each performance of the Play and shall pay to the Author all sums due on these returns and payable to the Author. 4.4 The Author shall be entitled to have all the books of account of the Producer in relation to the Play examined independently at the Author s expense. Should an accounting discrepancy be found to have occurred of 10% or more in the Producer s favour then the Producer shall be responsible for the expense of the examination of the books of account. 5. ORIGINAL PRODUCER S ROYALTY 5.1 Where a Producer has produced the World Premiere production in Australia consisting of not less than twenty-one (21) first class performances of an original stage play (in this Agreement called the Original Producer ) such Original Producer shall be entitled to receive a royalty of one per cent (1%) of gross box office receipts from all subsequent professional performances of the Play within Australia within a period of two (2) years following the expiration of the first exclusive licence period or within two (2) years following the date of the last performance of the World Premiere Season, whichever is the earlier. 5.2 The Original Producer s Royalty payable by the producer/s of subsequent productions of the Play shall be paid in addition to the Author s royalty and shall not be payable by the Author, and in any event shall never be deducted from the Author s royalty. 6. USE OF THE PLAY IN THE RECORDED MEDIA 6.1 In the event that recorded media rights in a Play are assigned by the Author to a party other than the Original Producer within a period of two (2) years following the expiration of the first exclusive licence of the Play, the Original Producer shall be entitled to receive a royalty from the producer of the Recorded Media Version equivalent to five per cent (5%) of fees paid to the Author for the licence and/or

5 Page 5 of 26 assignment of recorded media rights. This royalty shall be paid only in connection with Recoded Media Versions of the Play and shall be paid in addition to the Author s negotiated fees for recorded media rights in the Play. 6.2 In the event that the Author of the Play is commissioned to write a version of the Play for recorded media use, no royalty shall be paid to the Original Producer on the Author s fee for writing the new version except where the Author negotiates one payment for both the writing and the assignment of rights in which case the fee for the rights shall be deemed to be fifty per cent (50%) of that negotiated payment. 6.3 Any royalties paid to an Original Producer in the event of Recorded Media Versions of a Play shall be paid separately to, and never be deducted from, the Author s negotiated fee for the assignment of rights in the Play for such versions. 6.4 Where a World Premiere production of a Play has been preceded by a produced version of the work in the recorded media, the Original Producer shall not be entitled to receive any royalty whatsoever from the producer of a Recorded Media Version. 7. STAGE PRODUCTIONS OUTSIDE AUSTRALIA 7.1 In the event that a Play is licensed for English language stage production overseas within a period of two (2) years following the expiration of the first exclusive licence period the Original Producer shall be entitled to receive a royalty from the overseas theatre producer at the conclusion of each season of one per cent (1%) of gross box office returns from all first class performances of the Play. 7.2 The Original Producer acknowledges the principle that any royalties paid to an Original Producer in the event of professional performances of the Play in overseas territories shall be paid separately and in addition to the Author s negotiated royalties for such performances. 8. NO HINDRANCE TO FURTHER EXPLOITATION OF THE PLAY BY THE AUTHOR The Original Producer will waive payment of Original Producer s Royalties in such instances where the Author, in good faith, can show that compliance would harm the opportunities for further exploitation of the Play by the Author both within Australia and overseas or where the Author has earned less than $30,000 from professional performances of the Play within Australia. 9. ACCREDITATION 9.1 The Author s name shall be billed in all paid advertising of the Play and on all printed program and posters and in all other publicity arranged by the Producer, including directory advertising, and shall not be given less size and prominence than that given to the Director unless agreed to by the Author. 9.2 The Producer agrees to credit the Original Producer of a Play on all printed programs and posters, the wording of which shall be the same, or similar to, the following: [title of production] was first produced by [name of theatre company] in [year]. 9.3 The Author will request subsequent Producers of stage productions and of Recorded Media Versions of a Play (unless a World Premiere stage production has been preceded by a Recorded Media Version of the work), and publisher/s of printed forms of the Play, to credit the Original Producer, the original Director and the original cast on all printed programs and published forms of the Play, and to credit the Original Producer in the opening title sequence of all Recorded Media Versions of the Play, provided that the Original Producer acknowledges that the

6 Page 6 of 26 Author cannot guarantee such accreditation in programs or publications over which he/she does not have control. 10. NO ALTERATIONS TO TEXT 10.1 No alterations to the text of the Play shall be made without the written permission of the Author and the copyright in any such alterations shall be owned by the Author An alteration to the text shall include any alteration of the wording of the text whether by addition, deletion or rearrangement; any reordering of the action indicated in the text; any rearrangement of the order of scenes or sections of scenes; any addition to, or deletion of, the Author s stage directions specified in the text ie. the use of action, props, lighting, sound or scenery The Author shall clear copyright in any materials not his/her own but which the Author intends to be used in production of the Play, and the Producer shall not claim copyright accruing to the Author in such materials. 11. AUTHOR S RIGHTS OF APPROVAL The Author shall have the right to approve the choice of Director, cast, designer/s and any other artistic personnel assigned to the production provided that such approval shall not be unreasonably withheld by the Author. 12. AUTHOR S ATTENDANCE AT REHEARSALS The Author shall have the right to attend any auditions to select cast and the right to attend all rehearsals, providing that the Author shall not interfere with the proper duties of the Director and shall not give instructions to cast members but shall make any suggestions in regard to the performance of the Play only to the Director. 13. NO COMMERCIAL ADVERTISING OR BROADCAST There shall be no commercial advertising or promotion or similar performance or broadcast of any portion or combined portions of the Play in excess of five (5) minutes or any performance of segments of the Play without the Author s written permission and without an agreed additional payment to the Author. 14. TERMINATION If the Producer shall at any time fail or neglect to observe any of the provisions of the Licensing Agreement, or if the Producer shall fail to render any accounts required or to make payments due to the Author within fourteen (14) days of receiving a written request from the Author to do so, then the Licensing Agreement may be terminated immediately by the Author by notice in writing from the Author to the Producer but without prejudice to any claim the Author may have against the Producer for payments due, whether in arrears or accruing. 15. DISPUTES If any dispute arising under this Agreement is not resolved expeditiously between the Author and the Producer it shall be referred to an Arbitration Committee consisting of one representative appointed by the AWG on behalf of the Author, one appointed by the Producer and one independent person appointed by both parties. 16. AWG MEMBERSHIP

7 Page 7 of 26 The AWG shall ensure that, for the duration of this Agreement and any extension of it, the AWG will be an open professional association and that it will use its best endeavours to ensure that its members comply with and observe the provisions of this Agreement and conduct themselves in a professional manner in consideration of which the Producer undertakes to use its best endeavours to ensure that all Australian Authors contracted by the Producer shall be members of the AWG. THE PARTIES HAVE EXECUTED THIS AGREEMENT AS FOLLOWS: SIGNED FOR AND ON BEHALF OF THE AUSTRALIAN WRITERS GUILD: IN THE CAPACITY OF (POSITION) IN THE PRESENCE OF (WITNESS SIGNATURE) SIGNED FOR AND ON BEHALF OF THE THEATRE COMPANY: (SIGNATURE) IN THE CAPACITY OF (POSITION) IN THE PRESENCE OF (WITNESS SIGNATURE)

8 Page 8 of 26 AUSTRALIAN WRITERS' GUILD STANDARD PLAY COMMISSIONING AGREEMENT THEATRE INDUSTRY AGREEMENT SCHEDULE A AGREEMENT dated BETWEEN of ( the Author ) AND of ( the Producer ) WHEREAS: A B The Producer wishes to commission the Author to write a full length/one act (delete one) dramatic work to be entitled... ( the Play ). The Author warrants that s/he at the completion of the work will be the sole beneficial owner of the copyright in the Play. C The Author agrees to deliver the Play on or before... (date) THE PARTIES AGREE: 1.1 The terms of the Theatre Industry Agreement of 1995 between the theatre companies referred to in that agreement and the Australian Writers Guild Limited ( the AWG ) are incorporated into this Agreement insofar as its terms are not inconsistent with the terms of this Agreement. A copy of the Theatre Industry Agreement is Annexure The commissioning fee will be... ($...)DOLLARS. 2.2 Payment to the Author of the above fee shall be made as follows: 50% on signing of this Agreement $... 50% on delivery of the Play $ In no event shall the commissioning fee be regarded as an advance against royalties payable in respect of any production of the Play. 2.4 The commissioning fee is non-returnable in any event. 3.1 On delivery of the completed Play to the Producer, the Producer shall have... (...) WEEKS in which to decide to accept or reject the Work. 3.2 During such period the Author may be requested to make reasonable amendments and alterations to the Play by the Producer and the Author shall make such amendments and alterations as are mutually agreed; and the Author shall co-operate with the Producer in a workshop of the Play in the event of the Producer deciding to workshop the Play. 3.3 The Producer shall elect at its absolute discretion to accept or reject the Play at the expiry of the... (...) WEEKS referred to in Clause 3.1.

9 Page 9 of Should the Producer fail to advise the Author of its intentions at the expiry of the period specified in Clause 3.1, the Company shall be deemed to have rejected the Play. 4.1 In the event of the Producer s acceptance of the Play and in consideration of the commissioning fee as specified, the Author shall grant to the Producer an exclusive option to perform the Play professionally on the stage in the city/ cities of... in the state/s of... Australia, for a period of... (...) MONTHS from the date of such acceptance, but in any case being no longer than twelve (12) months from the date of the first Professional Performance of the Play except where a season of longer duration than twelve months has been agreed to by the Author and the dates and theatre venues are specified in the Licensing Agreement. 4.2 In the event of the Producer s rejection of the Play all rights in the Play shall remain vested in the Author free and clear of any claims by the Producer. 4.3 In the event of the Producer s failure to exercise the option referred to in Clause 4.1 within... (...) MONTHS of the date of the Producer s acceptance of the Play, all rights in the Play shall revert to or remain vested in the Author free and clear of any claims by the Producer. 5.1 In the event that the Producer shall accept the Play then the Author and the Producer shall execute a Standard Licensing Agreement for Original Stage Plays ( the Licensing Agreement ) under the terms of the Theatre Industry Agreement of In the event that the Producer shall accept the Play, the Producer shall pay to the Author the sum of... ($...) DOLLARS as a non-returnable advance against future royalties as described in the Licensing Agreement. 5.3 The Producer shall not be entitled, by reason of commissioning the Play, to dictate the subject, form or content of the Play. 6.1 If any dispute arising under this Agreement is not resolved between the Author and the Producer it shall be referred to an arbitration committee consisting of one representative appointed by the Producer, one representative appointed by the AWG on behalf of the Author, and one independent person appointed by both parties. 7.1 All payments due to the Author shall be made payable to the Author/the Author s agent (delete one) at the following address: SIGNED BY THE AUTHOR... In the presence of (Witness)... SIGNED FOR AND ON BEHALF OF THE PRODUCER... In the presence of (Witness)...

10 Page 10 of 26 AUSTRALIAN WRITERS' GUILD STANDARD LICENSING AGREEMENT FOR ORIGINAL STAGE PLAYS THEATRE INDUSTRY AGREEMENT SCHEDULE B AGREEMENT dated BETWEEN of ( the Author ) AND of ( the Producer ) WHEREAS: A. The Author has written the play called... ( the Play ) and wishes to license its use to the Producer on the terms and conditions appearing in this Agreement. THE PARTIES AGREE: 1. INCORPORATION OF TERMS OF THEATRE INDUSTRY AGREEMENT 1.1 The parties agree that the terms of the Theatre Industry Agreement of 1995 between the theatre companies referred to in that agreement and Australian Writers Guild Limited ( the AWG ) are incorporated into this Agreement insofar as its terms are not inconsistent with the terms of this Agreement. A copy of the Theatre Industry Agreement is Annexure AUTHOR S WARRANTIES AND INDEMNITY 2.1 The Author warrants that the Play is original, that s/he owns the copyright in it, that s/he has the power to make this Agreement, and that to the best of her/his knowledge and belief the Play is not defamatory. 2.2 The Author will indemnify the Producer against any proper claims, costs or damages arising from any breach of the warranty in 2.1 provided that any such claims, costs or damages do not arise because of material supplied or changes made in the Play by or at the direction of the Producer, its servants or agents. 3. GRANT OF LICENCE 3.1 The Author grants to the Producer the exclusive licence to perform the play professionally for the stage in the city/cities of in the state/states of... Australia for the period of... (...) MONTHS from the date of this Agreement, but in any case being no longer than twelve (12) months from the date of the first Professional Performance of the Play except where a season of longer duration than twelve months has been agreed to by the Author and the dates and theatre venues of such season are specified in this Agreement. 4. MINIMUM NUMBER OF PERFORMANCES 4.1 The Producer shall present at least... (...) first class performances of the Play within the period specified in Clause 3 of this Agreement (being not less than 21).

11 Page 11 of AUTHOR S ROYALTY 5.1 The Producer shall pay a royalty to the Author of TEN PERCENT (10%) of the gross box office receipts from all performances of the Play excluding credit card charges and/or agency or other booking fees. 5.2 The Producer shall have no rights whatsoever in the royalties of the Author from the Play within the period of the licence or outside that period. 5.3 Within FOURTEEN (14) days of the last performance of the Play at each venue, or within 14 days from the end of the licence period, whichever is the earliest, the Producer shall supply to the Author certified weekly returns of the receipts at each performance of the Play and shall pay to the Author all sums due on these returns and payable to the Author under Clause 5. The Author shall be entitled to have all the books of account of the Producer in relation to the Play examined independently at the Author s expense. Should an accounting discrepancy be found to have occurred of 10% or more in the Producer s favour then the Producer shall be responsible for the expense of the examination of the books of account. 6. AUTHOR S NON-RETURNABLE ADVANCE 6.1 At the date of this Agreement, the Producer shall pay to the Author the sum of... ($...) as a non-returnable advance against the royalties referred to in Clause NO ALTERATIONS TO TEXT 7.1 No alterations to the text of the Play shall be made without the written permission of the Author and the copyright in any such alterations shall be owned by the Author. For the purpose of this Agreement the text includes (i) the wording of the Play whether this be dialogue, stage directions, explanations, introductory material suggestions, concepts, ideas or any other matters contained within the wording and (ii) where the text is accompanied at the time of this Agreement by illustrations, designs, music or other material not the copyright of the Author but the use of which forms an integral part of the Play, the design of that usage. The Author shall clear copyright in any materials not his/her own but which the Author intends to be used in production of the Play, and the Producer shall not claim copyright accruing to the Author in such materials. 7.2 An alteration to the text shall include any alteration of the wording of the text whether by addition, deletion or rearrangement; any reordering of the action indicated in the text; any rearrangement of the order of scenes or sections of scenes; any addition to, or deletion of the Author s stage directions specified in the text ie: the use of action, props, lighting, sound or scenery. 7.3 The parties shall endeavour to finalise the text before Day 1 of rehearsals. 8. PRODUCER S OBLIGATIONS 8.1 The Producer shall be responsible for communicating those parts of the contents of this Agreement which may be specified by the Author to those engaged on the production of the Play. 8.2 The Producer shall observe the confidential nature of those matters relating to the Play that the Author specifies at the date of this Agreement and as set out in Schedule Within SIX (6) WEEKS of the date of the first performance of the Play the Producer shall supply to the Author, at the Producer s expense, a clear typed copy of the final text (in the case of a premiere production), a set of at least FOUR (4) photographs of the production (to be quality prints selected from the Producer s publicity contact sheets by the Author and of 8 x 10 format), THREE (3) posters

12 Page 12 of 26 and THREE (3) handbills if printed, THREE (3) copies of the program, and a FULL set of reviews. 9. FURTHER DRAFTS BY AUTHOR 9.1 Further draft or drafts of the Play shall not exceed an agreed number. A further draft is defined as any alterations which in the reasonable opinion of the Author and the Producer constitute more than two days work. Should the Author and the Producer agree to a further draft beyond that stipulated the Producer shall pay the Author for such further draft calculated at the same minimum daily rate as paid to actors under the Actors (Theatrical) Award, 1992 (as amended from time to time). 10. AUTHOR S RIGHTS OF APPROVAL 10.1 The Author shall have the right to approve of the Director, cast and designer/s provided that such approval shall not be unreasonably withheld by the Author. 11. AUTHOR S ATTENDANCE AT REHEARSALS 11.1 The Author shall have the right to attend any auditions to select cast and the right to attend all rehearsals, provided that the Author shall not interfere with the proper duties of the Director and shall not give instructions to cast members but shall make any suggestions in regard to the performance of the Play only to the Director and shall abide by the Director s code of conduct in the rehearsal room. 12. ACCREDITATION 12.1 The Author s name shall be billed in all paid advertising of the Play and on all printed programs and posters and in all other publicity arranged by the Producer, including directory advertising, and shall not be given less prominence than that given to the Director, unless the Author s written agreement has been obtained. 13. NO COMMERCIAL ADVERTISING OR BROADCAST 13.1 There shall be no commercial advertising or promotion or similar performance or broadcast of any portion or combined portions of the Play in excess of FIVE (5) MINUTES or any performance of segments of the Play without the Author s written permission and without an agreed additional payment to the Author. 14. OTHER RIGHTS 14.1 The Author shall retain print publication, radio, television, film and all other rights whatsoever in the Play subject to Clause 20.2 below. 15. LICENCE TO AMATEUR COMPANY 15.1 The Author will not grant a licence to an amateur company, or a licence for reproduction of the Play by means of radio, television broadcasting or cinematographic film within the territory licensed and within the period specified in this Agreement without the permission of the Producer. 16. AUTHOR S TRAVEL AND ACCOMMODATION EXPENSES 16.1 The Producer shall pay to the Author reasonable travel and accommodation expenses to attend the Australian premiere performance of the Play and to attend rehearsals of the Play. 17. WORKSHOPS 17.1 A fee equal to the minimum daily rate as paid to actors under the Actors Theatrical Award shall be paid by the Producer to the Author in the event of the

13 Page 13 of 26 Author s attendance at a workshop of the Play taking place between the signing of this Agreement and the expiry of the licence, unless the workshop is provided for under the Commissioning Agreement. 18. TICKETS 18.1 The Producer shall provide the Author with a minimum of EIGHT (8) complimentary tickets for the opening performance of the Play, except in theatres where audience capacity is 200 seats or less in which case the Producer shall provide the Author with a minimum of FOUR (4) complimentary tickets to the opening performance The Producer shall offer the Author additional tickets for subsequent performances at concession prices, subject to availability The Author shall have the right to attend at no cost any or all performances of the Play, subject to availability of seats. 19. ASSIGNMENT OF THE AGREEMENT 19.1 Neither party shall purport to assign this Agreement or grant or assign any right, licence, sub-licence or interest under it to any third party, whether at law or otherwise, without the prior written permission of the other party. 20. ACCREDITATION AND ONGOING ROYALTIES FOR ORIGINAL PRODUCER 20.1 Should the Play, in the case of a World Premiere production, at a time beyond the licence period referred to in Clause 3 be presented elsewhere in Australia or the world, or published in printed form, the Author agrees to request the second producer and/or the publisher to credit the Original Producer, original Director and original cast responsible for producing the premiere production in any program or publications related to the second production, and to credit the Original Producer in the title sequence of a subsequent Recorded Media Version of the Play, provided that the Producer acknowledges that the Author cannot guarantee such accreditation in programmes or publications over which he/she does not have control The Producer shall be entitled to such ongoing royalties as are specified in the Theatre Industry Agreement of 1995 (Annexure 1). 21. TERMINATION 21.1 If the Producer shall at any time fail or neglect to observe any of the provisions of the Agreement, or if the Producer shall fail to render any accounts required or to make payments due to the Author within FOURTEEN (14) DAYS of receiving a written request from the Author to do so, then this Agreement and the licence granted under it may be terminated immediately by the Author by notice in writing from the Author to the Producer but without prejudice to any claim the Author may have against the Producer for payments due, whether in arrears or accruing. 22. DISPUTES 22.1 If any dispute arising under this Agreement is not resolved expeditiously between the Author and the Producer it shall be referred to an Arbitration Committee consisting of one representative appointed by the AWG on behalf of the Author, one appointed by the Producer and one independent person appointed by both parties. 23. PAYMENT

14 Page 14 of All payments due to the Author shall be made payable to the Author/the Author s agent (delete one) at the following address: SIGNED BY THE AUTHOR... IN THE PRESENCE OF... (WITNESS) SIGNED FOR AND ON BEHALF OF THE COMPANY... IN THE PRESENCE OF... (WITNESS) AUSTRALIAN WRITERS' GUILD

15 Page 15 of 26 COMMISSIONING AGREEMENT THEATRE-IN-EDUCATION and COMMUNITY THEATRE AGREEMENT DATED BETWEEN of ( THE AUTHOR ) AND of ( THE THEATRE COMPANY ) WHEREAS: A. The Theatre Company desires to commission the Author to write a play entitled ( the Work ) for the purpose of live performance by the Theatre Company. B. The Author agrees to write the Work and grant such rights on the terms and conditions specified in this Agreement. IT IS AGREED: 1. The commissioning fee will be... ($...) 2.1. Payment to the Author of the fee referred to in Clause 1. shall be made as follows: On the signing of this Agreement:... ($...) On delivery of the Work:... ($...) 2.2. The commissioning fee shall be non-returnable in any event. 3. The Work shall be delivered on or before ( DELIVERY DATE ) 3.1. The Theatre Company shall elect at its absolute discretion to accept or reject the Work within... (...)WEEKS of the Delivery Date Should the Theatre Company fail to advise the Author of its intentions at the expiry of the period specified in Clause 3.1. the Theatre Company shall be deemed to have rejected the Work In the event of the Theatre Company s rejection of the Work all rights in the Work shall remain vested in the Author free and clear of any claims by the Theatre Company. 4. In the event of the Theatre Company s acceptance of the Work and in consideration of the commissioning fee and royalties as specified in this Agreement the Author shall grant to the Theatre Company a licence to perform the Work in the State of... for a period of... (...) MONTHS from the date specified in Clause 3.1 provided that the Theatre Company shall pay the Author for all performances a

16 Page 16 of 26 royalty of TEN PER CENT (10%) of the gross box office takings or... ($...) per performance, whichever is the greater. 5. The effect of this Agreement and the provisions of any services by the Author under it shall in no way constitute an assignment or licensing of copyright in the Work other than set out in this Agreement, and all rights other than the live performance rights specified in Clause 4 shall remain the property of the Author. 6. If the Author is required to travel to any place more than FIFTY (50) kilometres beyond the city in which s/he resides, the Theatre Company shall provide reasonable and proper travel and accommodation for the Author as well as reasonable expenses incurred by the Author during the period s/he is away from the city in which s/he resides or in the alternative pay the Author a living-awayfrom-home allowance of... ($...) per week (pro-rata per day). 7. If in order to fulfil his/her obligations hereunder the Author is required by the Theatre Company to use his/her own motor vehicle s/he will be paid a travel allowance of... (...) CENTS per kilometre. 8. No textual changes shall be made to the Work without the Author s permission and the copyright in such alterations shall be owned by the Author. 9. Within SIX (6) WEEKS of the date of the first performance of the Work, the Theatre Company shall provide the Author with a set of at least TWO (2) photographs of the production, a copy of the program and a full set of reviews of the Work. 10. The Author shall have the right to attend all rehearsals and previews of the production based on the Work s/he has written. 11. The Author undertakes to meet his/her obligations under this Agreement to the best of his/her creative and artistic skills and technical ability in accordance with directions from time to time given by the Theatre Company and in collaboration with such person or persons as the Theatre Company may designate. 12. Within FOURTEEN (14) DAYS of the last performance of the Work each month the Theatre Company shall supply the Author with certified weekly returns of the takings at each performance for the previous month, together with all sums due on these returns. The Author shall have the right to have all the related books of account examined independently at the Author s expense. 13. The Author s name shall be billed in all paid advertising of the Work and on all printed programs and posters and in all other publicity arranged by the Theatre Company and shall be given prominence no less than that given the director. 14. If the Theatre Company at any time fails or neglects to observe any provisions of this Agreement, or if the Theatre Company fails to render any accounts required or to make payment due to the Author within FOURTEEN (14) DAYS of receiving a written request from the Author to do so, then this Agreement and any licence granted under it may be terminated immediately by notice in writing from the Author to the Theatre Company but without prejudice to any claim the Author may

17 Page 17 of 26 have against the Theatre Company for payment(s) due, whether in arrears or accruing, or otherwise under this Agreement. 15. Neither party to this Agreement shall purport to assign this Agreement or grant or assign any right, licence or interest under it to any third party, whether at law or otherwise, without the prior written consent of the other party. 16. If any dispute arising under this Agreement is not resolved expeditiously between the Author and the Theatre Company it shall be referred to an arbitration committee consisting of one representative appointed by the Theatre Company, one representative appointed by the Australian Writers Guild and one independent person appointed by both parties. SIGNED BY THE AUTHOR... In the presence of (Witness)... SIGNED FOR AND ON BEHALF OF THE THEATRE COMPANY... In the presence of (Witness)

18 Page 18 of 26 AUSTRALIAN WRITERS' GUILD LICENSING AGREEMENT THEATRE-IN-EDUCATION and COMMUNITY THEATRE (May be read alone or in conjunction with AWG BASIC AGREEMENT FOR PLAYWRIGHTS-IN-RESIDENCE) AGREEMENT DATED...(date) BETWEEN ( THE AUTHOR ) of AND of ( THE THEATRE COMPANY ) WHEREAS the Theatre Company is desires to acquire a licence to perform the Work written by the Author and the Author agrees to grant such rights on the terms appearing in this Agreement. IT IS AGREED: 1. The Author grants the Theatre Company an exclusive licence to perform the play called ( THE WORK ) professionally for Community Theatre/Theatre-in-Education audiences in the normal venues in which such performances are given in the State of The exclusive licence referred to in Clauses 1 and 3 of this Agreement shall be for a period of... (...) MONTHS from the date of this Agreement. (Choose appropriate Clause 3: see Guidelines) 3. On signing of this Agreement the Theatre Company shall pay to the author the sum of... ($...) DOLLARS being a non-returnable advance against the royalties referred to in 3.2. hereunder. 4. In consideration of the licence granted the Theatre Company shall pay to the Author a royalty of TEN PER CENT (10%) of the gross box office takings from the performances of the Work, or... ($...) DOLLARS per performance, whichever is the greater. 5. The Author grants the Theatre Company an exclusive licence to perform the Work... (...) TIMES free of royalties. Such performances shall take place within the first THREE (3) MONTHS of the premiere season of the Work.

19 Page 19 of The Theatre Company shall pay the Author for all further performances a royalty of TEN PER CENT (10%) of the gross box office takings from the performances of the Work, or... (...) DOLLARS per performance, whichever is the greater. 7. The effect of this contract and the provisions of any services by the Author under this Agreement shall in no way constitute an assignment or licensing of copyright in the Work other than provided, and all rights other than limited live performance rights a specified in this Agreement shall remain the property of the Author. 8. The Author warrants that the work is original, that s/he owns the copyright in it, that s/he has the power to make this Agreement, and to the best of his/her knowledge the work is not defamatory. 9. The Author will indemnify the Theatre Company against any proper claims, costs, or damages arising from any breach of the warranties specified in Clause No textual changes shall be made to the Work without the Author s permission and the copyright in such alterations shall be owned by the Author. 11. The Author shall have the right to attend all rehearsals and previews of the production based on the Work s/he has written. 12. Within SIX (6) WEEKS of the date of the first performance of the Work, the Theatre Company shall provide the Author with a set of at least TWO (2) photographs of the production, a copy of the program and a full set of reviews of the Work. 13. Within FOURTEEN (14) DAYS of the last performance of the Work the Theatre Company shall supply the Author with certified weekly returns of the takings at each performance, together with all sums due on these returns. The Author shall have the right to have all the related books of account examined independently at the Author s expense. 14. If the Theatre Company shall at any time fail or neglect to observe any provisions of this Agreement, or if the Theatre Company shall fail to render any accounts required or to make any payment due to the Author within FOURTEEN (14) DAYS of receiving a written request from the Author to do so, then this Agreement and any licence granted under it may be terminated immediately by notice in writing from the Author to the Theatre Company but without prejudice to any claim the Author may have against the Theatre Company for payment(s) due, whether in arrears or accruing. 15. The Author s name shall be billed in all paid advertising of the Work and on all printed programs and posters and in all other publicity arranged by the Theatre Company and shall be given prominence no less than that given the director. 16. Neither party to this Agreement shall purport to assign this Agreement or grant or assign any right, licence or interest under it to any third party, whether at law or otherwise, without the prior written consent of the other party.

20 Page 20 of If any dispute arising under this Agreement is not resolved expeditiously between the Author and the Theatre Company it shall be referred to an arbitration committee consisting of one representative appointed by the Theatre Company, one representative appointed by the Australian Writers Guild and one independent person appointed by both parties. SIGNED BY THE AUTHOR... In the presence of... (Witness) SIGNED FOR AND ON BEHALF OF THE THEATRE COMPANY... In the presence of... (Witness)

21 Page 21 of 26 WRITER-IN-THE-COMMUNITY AGREEMENT * Delete as applicable This is an agreement between: of (the Writer ) and of (the Employer ) Whereby the Employer agrees to employ the Writer on the following terms 1. Term of Employment The term of employment shall run from... to Salary The Employer agrees to pay the Writer the sum of... ($...) per week/fortnight* 3. Financial Administration The Writer and Employer acknowledge that this program is made possible by a grant/s of... ($...)from and that financial administration of the grant shall be the responsibility of the Employer. 4. Employer s Agents. The Employer appoints the following persons as its agents and who have the power to bind the Employer and make decisions on matters arising from this agreement. 5. Object of Employment (a) The Writer will act as Writer-in-the-Community, based at for the participating communities of (b) The Writer will work on the project described in the attached Schedule (the Project ); (c) The Writer will work for a maximum of... days per week on the Project allowing... day(s) per week on his/her own work; (d) The Writer undertakes to make himself/herself available to members of the community (the participants ) to work towards the aims of the Project by:

22 Page 22 of Consultation The Writer will consult with concerning 7. Assistance The Employer will provide the following assistance to the Writer for the Project: 8. Access to Facilities and Vehicle* (a) The Employer will arrange access to:.... (b) (ii) (i) The Employer will provide the Writer with access to a vehicle for travel to the Project s other sites and local travel*; The Employer is responsible for: fuel costs*; insurance*; repairs and maintenance of the vehicle.*

23 Page 23 of Materials Purchase of all materials and equipment necessary to the Project shall be the responsibility of the Employer and shall be purchased in consultation with the Writer at the Employer s cost. 10. Volunteers (a) All volunteers working on the Project are to be the responsibility of the Employer, although the Writer agrees to direct and supervise the volunteers. (b) The Employer will ensure it takes out and maintains adequate insurance cover for all volunteers involved in the Project. 11. Promotion and Publicity Promotion and publicity for the Project will be the responsibility of the Employer in consultation with the Writer. 12. Copyright (a) The Writer owns copyright in any written material which he/she writes as his/her own work in the course of this employment*; (b) The Writer*/Employer*/participants* jointly* own copyright in any group devised written material produced by the collaboration of the Writer and the participants; (c) Copyright in an individual work created by a participant is owned by the participant who created such individual work;* (d) The Writer*/Employer* jointly* own copyright in an anthology of individual works of the participants;* (e) The Writer grants to the Employer a non-exclusive licence to reproduce, publish and perform his/her own work*. 13. Royalties The Employer will pay royalties to the Writer at the following rates on the following works:... % of % of % of % of Authorship and Attribution The Writer will be acknowledged as the Writer-in-the-Community. Notices including the Writer s name will be provided by the Employer and publicly displayed with activities and publications (posters, books and all other products) created in the course of this employment and in any publications or displays which occur after the completion of the Project that occur as a result of the Project. All items produced for publicity, exhibition or otherwise will properly attribute the role of the Writer. 15. Maintenance

24 Page 24 of 26 The Employer agrees to properly maintain the publications created in the course of this employment. The Employer agrees not to alter, add to, mutilate or distort the publications nor allow any other person to do so. 16. Documentation (a) The parties agrees that the Project will be documented in the following way: (b) (c) This material will be compiled by the Employer; The Writer will participate in the evaluation of the Project and will provide the Employer with a written report. The Employer will provide the Writer with a copy of the report of the Project. 17. Archive (a) The Employer may establish and maintain an archive describing the creation of the Project. Any such archive shall contain all documentation of the Project; (b) If an archive is maintained, its principal purpose will be to provide a non-lending, non-commercial reference resource. If either party wishes to make or permit other use of it, prior written consent to such use shall be obtained from the other party. Such consent will not be unreasonably withheld; (c) The Employer promises that it will: (i) properly maintain the archive; (ii) not use, nor intentionally permit others to use the archival material for any purpose other than those listed above, without prior written consent from the Writer; and (iii) return all such material to the Writer in the event that the archive is disassembled. 18. Taxation The Employer will make PAYE deductions from the Writer s salary in each pay period. 19. Superannuation The Employer will pay superannuation contributions for the Writer, in accordance with the superannuation guarantee legislation, into a fund as directed by the Writer, or failing that, a recognised and approved fund. 20. Insurance The Employer agrees: (a) to take out and maintain a Worker s Compensation Insurance Policy in favour of the Writer;

25 Page 25 of 26 (b) to take out and maintain adequate public liability insurance cover and to indemnify the Writer against all or any claims by third parties against the Writer arising in the course of this employment. 21. Hold-ups and Extensions (a) This agreement will be extended, if funding is available, to cover delays caused by strikes, non-availability of materials, severe weather, injury or illness of the Writer, acts of God, failure of Employer to carry out obligations or other hold-ups caused by the Employer, its servants or agents; (b) This agreement may be extended, if funding is available, to allow the Writer to undertake * 22. Sick Days* The Writer will be allowed... days of sick leave on full pay during the term of this agreement. 23. Holidays* The Writer will be allowed... days/weeks* paid holidays during the term of his/her employment, together with any public holidays which fall during the term of this agreement. 24. Accommodation* The Employer will arrange suitable accommodation for the Writer and his/her family*/at a cost to the Writer of $... per... / at no cost to the Writer*. 25. Travel* The Employer will pay the Writer an allowance of $... per... for travel expenses. 26. Childcare* The Employer will arrange adequate childcare facilities for the Writer at no cost to the Writer. 27. Termination This agreement may be terminated: (a) immediately by the Writer if the monies payable under clause 2 remain outstanding for more than... days/weeks*; (b) by the Employer if the Writer is in breach of his/her obligations under clause 5 or 6 of this agreement. The Employer must give written notification of the breach to the Writer, who will have... days/weeks* within which to remedy the breach. If the breach is not remedied within this period, the Employer may terminate the agreement by giving the Writer written notice of the termination. 28. Entire Agreement and Amendment